Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh,
Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney
General David Spencer, all of Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of
his application for post-conviction relief (PCR). The petition for a writ of
certiorari is denied on petitioner’s Question 2 and granted on petitioner’s
Question 1. We dispense with further briefing and vacate petitioner’s guilty
plea to assault and battery of a high and aggravated nature (ABHAN).

Petitioner was indicted for second-degree lynching, possession
of crack cocaine with intent to distribute, and possession of crack cocaine
with intent to distribute within proximity of a public or private university.
Petitioner pled guilty to the two drug charges and to ABHAN as a lesser-included
offense of second degree lynching.

In Knox v. State, 340 S.C. 81, 530 S.E.2d 887 (2000),
this Court held that ABHAN is not a lesser included offense of second degree
lynching. Accordingly, we vacate petitioner’s guilty plea to ABHAN.